Has anyone gone thru their interview only to have them deny the k-1 after because of IMBRA related recall???

Haven't read of any. Has anyone who had their petition recalled actually received an RFE yet? Very disturbing. Why did they seem to put the already approved petitions that had been sent to the foreign embassies at the bottom of a very large stack. Really not fair.

From the DOS telegram to consulate posts recalling petitions

All cases on this list, even those with firm appointments or in 221(g)
status, are to be delayed while the petition is returned
for further information. No cases in issued status will
be recalled.

In other words, once interview held and visa issued, its a done deal and those weren't recalled.

Interesting. My fiancee has her interview scheduled for Monday in Turkey (where she is right now). They updated the interview schedule yesterday and it has NOT been canceled and will go thru. I hope from what you've quoted that ours would be considered a "done deal"??????

Our NOA1 date was Dec. '05 as well, though our NOA2 was just after March 6th, '06. Gosh pleaaaasseee let us get thru this.

BTW what is 221(g) status?????

You are way before the IMBRA law was implemented. Only petitions with a NOA1 receipt/received date of 6 March or later where recalled.

You can breath easy. Good luck with the interview.

bless you for those magic words.

My K-1 visa was aproved on April 04th, 2006, sent to the embassy and interview scheduled for June 07th, 2006. on May 22nd, 2006 interview canceled because of IMBRA and returned to vermont on June 05, 2006. They did not do anything until I sent request to expedite on June 21st, 2006 by fax to Vermont. The request approved on June 22nd, 2006, file reopened and I was updated via email and they touched the file again yesterday. Also, on June 22nd, 2006 I wrote 3 powerful senators (2 from my homestate) who have oversight over the USCIS, and they have already contacted or in the process of contacting the USCIS on behalf.
I was not told that I would be sent an RFE nor have I received an RFE. I am not sure we will be sent an RFE because the cases of my friends whose visa were approved in error after March 06th, 2006 like mine but had gone through thier interviews were not recalled nor were they sent RFEs.
So there may be an issue of Equal Protection because all the K-1 visa petitions approved in error and sent to the embassy are not being treated equally. That is what I think they are grapling with. They might just send these cases back, issue the visas to the 1100 petitions that were recalled and let the foriegn fiances fend for themselves baring an exreme circumstance.
I don't think they should approve a visa to a pimp or a man who has a history of abuse without letting his foreign fiance know.
I have seen many South East Women here in Houston abused by men who married them from say Thialand, Malaysia, etc. Some have their children taken from them and left to fend for themselves. In some of these cases these women were not allowed to go to school, etc. For these cases IMBRA is a good thing at least it gives these women notice of what they are getting themselves into and with the pamphlet from the embassy they can get the needed help. IMBRA may not catch these kind of men at these time because these women never call the police of file complaints some due ingnorance. Hopefully the pamphlets will help.
I have read most post here. I don't think they are such characters here, thank God. I support the Violence Against Women Act (VAWA) which was amedned to include IMBRA and I still do.

petitions were recalled because they were not compliant with the IMBRA even those scheduled interviews..and even those that had their interviews already but were under 212g and not yet given their visas were recalled. It was clearly stated in the telegram from DOS to the consulate posts that those already issued status (their visas) would not be recalled..hence those ones you mention.

You will be sent an RFE of some description before your petition will be reapproved and sent back to the consulate. Otherwise this was a pretty pointless excercise, wouldnt you think.

I beg to disagree with you. They recalled it but they are not sure what to do with them at this time. There is a law in this Country. In this country even the USCIS is not above the law. You don't know what you are talking about. I am sorry. They may just do a background check on thier own and send most of them back. I called them and they told me that my case will be completed within 30 days. What would you say about that. This is not Australia.

hahahaha and the 'This is not Australia' is supposed to mean what I might ask. Fact is that the petitions are not compliant with the the IMBRA. The only way I can see this being done is to have the USC petition submit additional information, just as the others are having to. Believe what you want.

All the best

Many of us do know what we are talking about, that includes AussieWench. What she said is true. As well as some of what you have said. But you need to be a little bit more respectful of those you don't know. I understand it's a stressfull situation right now. But thats no valid excuse to disrespect us all like that.

It is a well known issue that the USCIS and DHS is nearly untouchable. Otherwise they would have been slaped with multiple lawsuits over the years and lost almost each one for their abusive nature. I have spent hours upon hours on this issue since IMBRA to see about a possible class action. Instead it's looking more advantageous to leverage them into things through political means, rather than legal.

What was your NOA1 filing date?

Hi, interesting dialogue. I'm still curious if anyone out there who had a march 6 or later recept date, followed by an approved NOA2 which was forwarded to a foreign embassy, and later sent back, apparently due to IMBRA recall, has actually been informed they will receive, or have actually received an IMBRA RFE. Anybody???

Our petition was recalled from the consulate, and yesterday received 2 case status updates online, as well as 3 emails for each one. I was also touched today with no change to my case status. Here is the email they sent me:

Current Status:

On June 23, 2006, this case was reopened on a USCIS motion, and the
case is now in process. We will mail you a decision as soon as processing
is complete. You can use our processing dates to estimate when this
case will be done. Follow the the link below for current processing
dates.

I am not sure if we will be receiving RFE's or not. IMHO the email they sent sounds more like they may just do the checks themselves, and if nothing pops up, then they may send them back. We are all just guessing here, so I am just trying to interpret what they say in their email.

Whatever they need to do, is fine by me, just getting doing it.

Wow. We are in the same category. I got the exact message on June 22nd, 2006 and was touched on June 23rd, 2006. I later called the USCIS on the same day and was told the processing will be completed within 30 days. But they did not say anything about RFE. Hopefully they will just do an IMBRA Criminal background check and send them back to the Embassy. Please keep us informed. This is significant progress. Did you send a request to expedite? I did.

The public notice released on June 13th stated all cases submited on/after March 6th would get a RFE.
That´s why I think we (recalled cases) will get one.

Why else would you be recalled if not to comply with IMBRA? And if they are sending us an RFE in order to comply with IMBRA, most likely so will you.

But I agree with Mike that it´s strange they reopened our case, touched again and didn´t send the RFE.
What else do they wanna see there?!?!?

I sent in the request for expedite service in the mail. I have not received anything from them, but it usually takes a week to get something in the mail from them.

IMHO, we have two separate circumstances. Recalled petitions that have already been approved, and petitions not approved yet, getting the RFE. They may handle these 2 different ways, since some have already been approved, and some haven't. Are we not compliant with IMBRA if we have no criminal history, no previous filings, and not used a marriage broker? We singed off on how we met, and they can do the background check themselves. If we have no criminal history, and no previous filings, then why would we not be compliant? The way in which they worded there email makes me believe that maybe they will only send RFE's to those who have a criminal background, or previous filing, and suspisous of a marriage broker. I don't know why they recalled them all, your guess as good as mine. They could have done the RFE's while our case was at the embassy, but you know how organized they are . So in the next week or so we shall see how they will handle us. We are all guessing here, and hopefully that will end this week.

Good Luck to us all!!!!